WVC 56-6-13
§56-6-13. Special jury in civil cases.
(a) Except as provided in subsection (b) of this section, any
court may allow a special jury in any civil case, to be formed in
the following manner: The court shall direct a panel of ten jurors
to be drawn by the clerk, in the presence of the court, from the
box mentioned in section seven, article one, chapter fifty-two of
this code, who shall be summoned by the sheriff to attend on the
day named in the order, from which number eight shall be chosen by
lot; and the parties thereupon, the plaintiff's attorney beginning,
shall alternately strike off one until the number be reduced to
six, which number shall complete the jury for the trial of the
case. The court may also allow a special jury in any civil case
when the panel of drawn jurors is exhausted, upon the motion of
either of the parties, to be summoned by the sheriff so far as may
be required from the body of the county; but no such special jury
shall be allowed in any case unless the court certifies of record
that the interest of the parties so asking such jury will be
promoted by the allowance of such special jury.

(b) In any case held pursuant to article two, chapter
fifty-four of this code, for the taking of property for a public
use, any court may allow a special jury to be formed in the
following manner: The court shall direct a panel of twenty
jurors, who are qualified freeholders of the county wherein the
property to be taken is situate, to be drawn by the clerk, in the
presence of the court, from the box mentioned in section seven,
article one, chapter fifty-two of this code, who shall be summoned
by the sheriff to attend on the day named in the order, from which number sixteen shall be chosen by lot; and the parties thereupon,
the plaintiff's attorney beginning, shall alternately strike off
one until the number be reduced to twelve, which number shall
complete the jury for the trial of the case, but no such special
jury shall be allowed in any case unless the court certifies of
record that the interest of the parties so asking such jury will be
promoted by the allowance of such special jury.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.